Placement

§ 756. Placement. (a) For purposes of section seven hundred
fifty-four, the court may: (i) place the child in its own home; (ii)
order the child be placed in the custody of a suitable relative or other
suitable private person; or (iii) order the child be placed in the
custody of a commissioner of social services.

(b) Where the child is placed with the commissioner of the local
social services district: (i) (A) the child may be placed by the social
services district into a foster boarding home; or (B) if the court finds
that the respondent is a sexually exploited child as defined in
subdivision one of section four hundred forty-seven-a of the social
services law, an available long-term safe house; or (ii) the court may
direct the commissioner to: place the child with an authorized agency or
class of authorized agencies.

(c) Provided, however, that a placement shall not be ordered pursuant
to paragraph (iii) of subdivision (a) of this section:

(i) In instances where the only finding made against the respondent is
that they meet the definition of a person in need of supervision
pursuant to paragraph (i) of subdivision (a) of section seven hundred
twelve of this article; or

(ii) Unless the court finds and states in its written order that the
placement of the respondent is:

(1) in the best interest of the respondent; and

(2) that it would be contrary to the welfare of the respondent to
continue in their own home.

(d) Unless the dispositional order provides otherwise, the court so
directing shall include one of the following alternatives to apply in
the event that the commissioner is unable to so place the child:

(i) the commissioner shall apply to the court for an order to stay,
modify, set aside, or vacate such directive pursuant to the provisions
of section seven hundred sixty-two or seven hundred sixty-three; or

(ii) the commissioner shall return the child to the family court for a
new dispositional hearing and order.

(e) Placements under paragraph (iii) of subdivision (a) of this
section may be for an initial period of no greater than sixty days. The
court may extend a placement pursuant to section seven hundred
fifty-six-a. In its discretion, the court may recommend restitution or
require services for public good pursuant to section seven hundred
fifty-eight-a in conjunction with an order of placement.